- 54 - substantiate the 3-year moving average, we must reject this portion of Dr. Hakala’s valuation methodology. 5. Conclusion After evaluating both experts’ valuation methodologies in light of the record, we now compare Mr. Menard’s TYE 1998 compensation to the Black-Scholes values of compensation paid in TYE 1998 to CEOs of Home Depot, Kohl’s, Lowe’s, Staples, and Target. With one exception,49 we use Dr. Hakala’s Black-Scholes stock option values computed before discounts. The comparison group companies compensated their CEOs for services performed in TYE 1998 in the following amounts: Company Compensation Home Depot 1$2,841,307 Kohl’s 5,110,578 Lowe’s 6,054,977 Staples 6,868,747 Target 10,479,528 1Home Depot did not compensate its CEO with stock options or restricted stock awards. 49Pursuant to rule 201 of the Federal Rules of Evidence, we take judicial notice of the TYE 1998 proxy statements filed with the Securities and Exchange Commission to the extent that they represent reported compensation for TYE 1998. Target’s proxy statement for its TYE 1998 reported that the options awarded to the CEO for that year included all options that would be granted to the CEO over a 3-year period. Accordingly, for the Black-Scholes value of Target’s CEO’s stock options in TYE 1998, we use only one-third of the value that Dr. Hakala computed.Page: Previous 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 Next
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